Fisheries Act 2020

17 U.K. After section 134 insert—

“134A Orders relating to exploitation of sea fisheries resources: Wales

(1) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in Wales for the purposes of conserving—

(a) marine flora or fauna, or

(b) marine habitats or types of marine habitat.

(2) An order under this section may be made so as to apply to any area in Wales.

(3) An order under this section must specify the flora or fauna, or habitat or type of habitat, for the conservation of which the order is made.

(4) The provision that may be made by an order under this section includes provision that prohibits, restricts or otherwise interferes with the exercise of—

(a) a right of several fishery;

(b) any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent or by prescription or immemorial usage.

(5) But the Welsh Ministers may make an order that prohibits, or significantly restricts or interferes with, a right referred to in subsection (4), only if the person who enjoys the right consents.

(6) Subsection (5) does not apply in relation to the exercise of such a right in relation to—

(a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981,

(b) a national nature reserve declared in accordance with section 35 of that Act,

(c) a Ramsar site, within the meaning of section 37A of that Act,

(d) a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), or

(e) an MCZ.

(7) See also section 134C (supplementary).

134B Orders relating to exploitation of sea fisheries resources: Welsh offshore region

(1) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Welsh offshore region for the purposes of conserving—

(a) marine flora or fauna,

(b) marine habitats or types of marine habitat, or

(c) features of geological or geomorphological interest.

(2) An order under this section may be made so as to apply to any area in the Welsh offshore region.

(3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made.

(4) See also section 134C (supplementary).

134C Orders under sections 134A and 134B: supplementary

(1) The provision that may be made by an order under section 134A or 134B includes, in particular, provision falling within any of the Heads set out in subsections (2) to (4).

(2) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—

(a) provision prohibiting or restricting such exploitation in specified areas or during specified periods;

(b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;

(c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.

(3) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Welsh Ministers, including—

(a) provision for the charging of fees for permits;

(b) provision enabling conditions to be attached to a permit;

(c) provision enabling the Welsh Ministers to limit the number of permits issued by them.

(4) Head 3 is—

(a) provision prohibiting or restricting the use of vessels of specified descriptions;

(b) provision prohibiting or restricting any method of exploiting sea fisheries resources;

(c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;

(d) provision for determining whether such items are items of a specified description.

(5) An order under section 134A or 134B may be made—

(a) subject to specified exceptions or conditions;

(b) so as to cease to have effect after a specified period.

(6) An order under section 134A or 134B may make different provision for different cases, including in particular—

(a) different times of the year,

(b) different means or methods of carrying out an activity, and

(c) different descriptions of sea fisheries resources.

(7) In this section “specified” means specified in the order.”